WHAT IS EXPECTED AT YOUR DISABILITY HEARING?

What is the purpose of your disability hearing?

You are at a hearing because the previous review of your case did not find enough evidence to approve your disability. The administrative law judge (ALJ) will take a closer look to see if you qualify.

What is the judge likely to ask you?

The judge needs to know the physical and mental limitations that come from your disability. It is very important that you explain your symptoms using numbers and examples (specifics). So, if your back hurts, you cannot simply say “my back hurts.” Instead, you need to state how your back pain limits your daily functions. For example, you could state that your back pain limits your ability to lift. Then, to explain it you could state,”I can’t lift more than a gallon of milk (about 8 pounds) without feeling shooting pain in my lower back. You might say, "I can’t lift a 15 pound bag of dog food." If you explain how your back pain limits you daily activities, and give specific numbers (minutes, pounds, feet, yards) - the judge will understand your limitations. Do not use medical terms; speak of the loss of function.

Will the Vocational Expert (VE) Question You?

While it isn't likely you will be questioned by the VE, the judge will question the VE in 2 ways. One, what type of jobs have you performed within the past 15 years. Classify each job by skill level and exertion level. Second, can the claimant still do any of these jobs? Finally, based on the physical and/or mental limitations discovered at today's hearing, are there other jobs in the national economy that the claimant could perform? Name the jobs and state how many of each job exists in the US economy.

Frankly, you will not understand very much of what the Vocational Witness says. She will speak in terms of DOT codes, SVP ratings, exertion levels and other 'professional language' that you won't understand. Even the terms and words used won't make sense to you. This puts you at an extreme disadvantage because you can't refute or challenge what the VE says. You are left to let her testimony do whatever damage it does--and often the damage is catastrophic. This is one reason you must have an experienced advocate or attorney with you--someone who understands the language, how the VE's testimony affects the disability regulations, and how to clarify or cross examine the expert.

I would say that 90 percent of cases that are denied at hearings are lost because of the testimony of the vocational witness. The claimant simply has no chance to make a successful argument with this expert (who has done thousands of hearings) . Claimants do not know which followup questions to ask the VE or how to propose additional hypothetical questions that may show the complete inability to work. Your attorney earns his/her pay at this stage of the hearing. Even if you do fine in the earlier parts of the hearing, you never want to face a vocational expert by yourself.

In some cases, Social Security will call a "medical expert," who is a doctor to testify at your hearing. Imagine having to question the doctor after he/she has given testimony that damages your case! Here's where you want a tough, seasoned advocate who is not new at questioning medical experts--and who is not intimidated by them.

The Forsythe Firm has specialists who are experienced in all aspects of Social Security disability hearings. We will present a clear, convincing case and will be prepared for a tough fight if the witnesses speak against you! While nobody can guarantee the outcome of a hearing, it is known that claimants who use an attorney/advocate win 3X as many cases as those who are unrepresented.